Cincinnati Insurance v. Phillips

I must dissent from the holding of the majority because of the absurdity of the result. Indeed, I predict that today’s holding will, once again, create more problems than it solves.

The majority opinion, in effect, allows the Thompsons’ wrongful death claim to be combined, under a single limit of liability, with other injuries suffered. This holding is purportedly based on the authority of Tomlinson v. Skolnik (1989), 44 Ohio St. 3d 11, 540 N.E. 2d 716. The majority refuses to recognize, however, that the holding in Tomlinson, supra, which was based on Dues v. Hodge (1988), 36 Ohio St. 3d 46,…